Kant And The Law Of War

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Kant and the Law of War

Arthur Ripstein
Kant and the Law of War Book PDF

Author : Arthur Ripstein
Publisher : Oxford University Press
Page : 289 pages
File Size : 40,6 Mb
Release : 2021
Category : Law
ISBN : 9780197604205

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Kant and the Law of War by Arthur Ripstein Pdf

"The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the 17th century have received more sophisticated philosophical elaboration. Although many contemporary writers draw on ideas that figure prominently in Kant's moral philosophy, his explicit discussions of war have not been brought into their proper place within these discussions and debates. Kant argues that a special morality governs the permissible use of force because of wars distinctive immorality. He characterizes war as barbaric, because in war might makes right - which side prevails does not depend on who is in the right. The very thing that makes war wrongful also provides the appropriate standard for evaluating the conduct of war, and the only basis for law governing war"--

The Public Uses of Coercion and Force

Ester Herlin-Karnell,Enzo Rossi
The Public Uses of Coercion and Force Book PDF

Author : Ester Herlin-Karnell,Enzo Rossi
Publisher : Oxford University Press
Page : 361 pages
File Size : 50,8 Mb
Release : 2021
Category : Constitutional law
ISBN : 9780197519103

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The Public Uses of Coercion and Force by Ester Herlin-Karnell,Enzo Rossi Pdf

A semi-Kantian just war theory / Yitzhak Benbaji -- Might and right : Ripstein, Kant and the paradox of peace / Rainer Forst -- Reading Kant's Rechtslehre: some observations on Ripstein's Kant and the law of war / Thomas Mertens -- The moral basis of state independence / Anna Stilz -- Vulnerability, space, communication : three conditions of adequacy for cosmopolitan right / Peter Niesen -- Three models of territory : Arthur Ripstein on the territorial rights of states / Alice Pinheiro Walla -- A Kantian defense of remedial wars / Alon Harel -- National defense and the value of independence / Massimo Renzo -- Exactitude and indemonstrability in Kant's doctrine of right / Katrin Flikschuh -- The right to wage private wars of subsistence : its nature, grounds, and place in revisionist just war theories / Johan Oltsthoorn -- Between wormholes and blackholes : a Kantian (Ripsteinian) account of human rights in war / Aravind Ganesh -- Kant and the criminal law of war / Malcolm Thorburn -- EU solidarity as collective self-defense? : constitutionalism and the public uses of force / Ester Herlin-Karnell -- Europe's cosmopolitan union : a Kantian reading of EU internal market law and the refugee crisis / Bertjan Wolthuis and Luigi Corrias -- From constitutionalism to war-and back again : a reply / Arthur Ripstein.

War and International Justice

Brian Orend
War and International Justice Book PDF

Author : Brian Orend
Publisher : Wilfrid Laurier Univ. Press
Page : 283 pages
File Size : 43,9 Mb
Release : 2010-10-30
Category : Philosophy
ISBN : 9781554587636

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War and International Justice by Brian Orend Pdf

Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.

Kant and the Law of Peace

C. Covell
Kant and the Law of Peace Book PDF

Author : C. Covell
Publisher : Springer
Page : 237 pages
File Size : 44,5 Mb
Release : 1998-03-04
Category : Philosophy
ISBN : 9780230501867

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Kant and the Law of Peace by C. Covell Pdf

Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.

The Rights of War and Peace

Richard Tuck
The Rights of War and Peace Book PDF

Author : Richard Tuck
Publisher : Oxford University Press, USA
Page : 254 pages
File Size : 52,7 Mb
Release : 2001
Category : International law
ISBN : 9780199248148

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The Rights of War and Peace by Richard Tuck Pdf

The Rights of War and Peace is a fully historical account of the formative period of modern theories of international law. Professor Tuck examines the arguments over the moral basis for war, and links the debates to the writings of Hobbes et al.

A Moral Military

Sidney Axinn
A Moral Military Book PDF

Author : Sidney Axinn
Publisher : Temple University Press
Page : 256 pages
File Size : 46,6 Mb
Release : 2009
Category : Philosophy
ISBN : 9781592139576

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A Moral Military by Sidney Axinn Pdf

In this new edition of the classic book on the moral conduct of war, Sidney Axinn provides a full-length treatment of the military conventions from a philosophical point of view. Axinn considers these basic ethical questions within the context of the laws of warfare: Should a good soldier ever disobey a direct military order? Are there restrictions on how we fight a war? What is meant by “military honor,” and does it really affect the contemporary soldier? Is human dignity possible under battlefield conditions? Axinn answers “yes” to these questions. His objective in A Moral Military is to establish a basic framework for moral military action and to assist in analyzing military professional ethics. He argues for the seriousness of the concept of military honor but limits honorable military activity by a strict interpretation of the notion of war crime. With revisions and expansions throughout, including a new chapter on torture, A Moral Military is an essential guide on the nature of war during a time when the limits of acceptable behavior are being stretched in new directions.

Kant and the End of War

Howard Williams
Kant and the End of War Book PDF

Author : Howard Williams
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 54,7 Mb
Release : 2012-01-06
Category : Political Science
ISBN : 0230244203

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Kant and the End of War by Howard Williams Pdf

The paperback edition (published in 2016) includes a new preface with a discussion of recent examples. Kant stands almost unchallenged as one of the major thinkers of the European Enlightenment. This book brings the ideas of his critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable? This issue was strikingly brought to the fore by the 2003 war in Iraq. The book critiques the tradition of just war thinking and suggests how international law and international relations can be viewed from an alternative perspective that aims at a more pacific system of states. Instead of seeing the theory of just war as providing a stabilizing context within which international politics can be carried out, Williams argues that the theory contributes to the current unstable international condition. The just war tradition is not the silver lining in a generally dark horizon but rather an integral feature of the dark horizon of current world politics. Kant was one of the first and most profound thinkers to moot this understanding of just war reasoning and his work remains a crucial starting point for a critical theory of war today.

Kant and the End of War

Howard Williams
Kant and the End of War Book PDF

Author : Howard Williams
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 46,9 Mb
Release : 2012-01-06
Category : Political Science
ISBN : 0230244203

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Kant and the End of War by Howard Williams Pdf

The paperback edition (published in 2016) includes a new preface with a discussion of recent examples. Kant stands almost unchallenged as one of the major thinkers of the European Enlightenment. This book brings the ideas of his critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable? This issue was strikingly brought to the fore by the 2003 war in Iraq. The book critiques the tradition of just war thinking and suggests how international law and international relations can be viewed from an alternative perspective that aims at a more pacific system of states. Instead of seeing the theory of just war as providing a stabilizing context within which international politics can be carried out, Williams argues that the theory contributes to the current unstable international condition. The just war tradition is not the silver lining in a generally dark horizon but rather an integral feature of the dark horizon of current world politics. Kant was one of the first and most profound thinkers to moot this understanding of just war reasoning and his work remains a crucial starting point for a critical theory of war today.

Kant's Cosmopolitan Theory of Law and Peace

Otfried Höffe
Kant s Cosmopolitan Theory of Law and Peace Book PDF

Author : Otfried Höffe
Publisher : Cambridge University Press
Page : 16 pages
File Size : 47,7 Mb
Release : 2006-02-13
Category : History
ISBN : 9780521534086

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Kant's Cosmopolitan Theory of Law and Peace by Otfried Höffe Pdf

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The Oxford Handbook of Ethics of War

Seth Lazar,Helen Frowe
The Oxford Handbook of Ethics of War Book PDF

Author : Seth Lazar,Helen Frowe
Publisher : Oxford University Press
Page : 496 pages
File Size : 51,6 Mb
Release : 2018-01-12
Category : Philosophy
ISBN : 9780190876616

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The Oxford Handbook of Ethics of War by Seth Lazar,Helen Frowe Pdf

Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

Rules for Wrongdoers

Arthur Ripstein,Oona Anne Hathaway,Christopher Kutz,Jeff McMahan
Rules for Wrongdoers Book PDF

Author : Arthur Ripstein,Oona Anne Hathaway,Christopher Kutz,Jeff McMahan
Publisher : Oxford University Press
Page : 241 pages
File Size : 52,7 Mb
Release : 2021
Category : Just war doctrine
ISBN : 9780197553978

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Rules for Wrongdoers by Arthur Ripstein,Oona Anne Hathaway,Christopher Kutz,Jeff McMahan Pdf

"Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the central wrong of war is that war is the condition which force decides, Ripstein contends that the law and morality of war are in fact aligned; the rules governing the conduct of hostilities must apply equally to parties in the right and parties in the wrong in an armed conflict, because the prohibitions outlined in the rules governing war are prohibitions that restrain war. Ripstein's method of analysis and the substantive argument he puts forward offer an opportunity for rigorous critical engagement in subsequent essays by commentators Hathaway, Kutz, and McMahan, followed by a response from Ripstein"--

International Law and New Wars

Christine Chinkin,Mary Kaldor
International Law and New Wars Book PDF

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 44,5 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Global Justice, Kant and the Responsibility to Protect

Heather Roff
Global Justice Kant and the Responsibility to Protect Book PDF

Author : Heather Roff
Publisher : Routledge
Page : 214 pages
File Size : 53,5 Mb
Release : 2013-06-26
Category : Political Science
ISBN : 9781135105372

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Global Justice, Kant and the Responsibility to Protect by Heather Roff Pdf

This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.

Kant, Global Politics and Cosmopolitan Law

Claudio Corradetti
Kant Global Politics and Cosmopolitan Law Book PDF

Author : Claudio Corradetti
Publisher : Routledge
Page : 214 pages
File Size : 47,5 Mb
Release : 2020-04-08
Category : Law
ISBN : 9780429670725

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Kant, Global Politics and Cosmopolitan Law by Claudio Corradetti Pdf

Why is there so much attention on Kant's global politics in present day law and philosophy? This book highlights the potential fruitfulness of Kant's cosmopolitan thought for understanding the complexities of the contemporary political world. It adopts a double methodological strategy by reconstructing a genealogical conceptual journey showing the development of international law, as well as introducing an interpretation of cosmopolitanism centred on Kant's theory of a metaphysics of freedom. The result is a novel focus on Kant's notion of the world republic. The hypothesis here defended is that the world republic stands as a way of thinking about international politics where the possibility of progression towards peace results from its use as a regulative idea.

Kant and the Law of Peace

Charles Covell
Kant and the Law of Peace Book PDF

Author : Charles Covell
Publisher : Unknown
Page : 237 pages
File Size : 40,8 Mb
Release : 1998
Category : Philosophy
ISBN : 0585027072

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Kant and the Law of Peace by Charles Covell Pdf

In Kant and the Law of Peace, Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of his treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel in the view he took of the foundations of the law that was to make for peace in the international sphere. In the conclusion to the book, Kant and his law of peace are considered in relation to the condition of contemporary international society. Here, it is suggested that while Kant stands in the liberal tradition in international thought and practice, the tradition of liberalism he represents is rather more at odds with current trends in present international society than is sometimes supposed.